Commonwealth Numbered Regulations - Explanatory Statements

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AIRPORTS (ENVIRONMENT PROTECTION) REGULATIONS (AMENDMENT) 1998 NO. 96

STATUTORY RULES 1998 No. 96

Issued by the Authority of the Minister for Transport and Regional Development

Airports Act 1996

Airports (Environment Protection) Regulations (Amendment)

Section 252 of the Airports Act 1996 (the Act) provides that the GovernorGeneral may make regulations prescribing matters that are required or permitted by the Act to be prescribed, or that are necessary or convenient to be prescribed for carrying out or giving effect to the Act.

Sections 114 and 131A of the Act provide that regulations may specify an airport to which Part 6, Division 2 and Part 6, Division 3 respectively of the Act will apply. Divisions 2 and 3 of Part 6 provide for environmental standards, the preparation of environment strategies and the control of on-airport pollution at leased federal airports.

The purpose of the Amendment to the Airport (Environment Protection) Regulations (the Regulations) is to apply Divisions 2 and 3 of Part 6 of the Act to various specified non-core regulated airports in order to continue Commonwealth regulatory oversight in relation to environmental management at those airports. These airports are Archerfield in Queensland; Essendon and Moorabbin in Victoria; Jandakot in Western Australia; and Parafield in South Australia (see items 3, 5).

The Amendment also provides for a power of delegation of the Secretary's powers under the Regulations to Senior Executive Service officers of the Department (see item 7) and makes various minor technical changes to the Regulations to correct drafting omissions (see items 4, 6).

Further details of the amendments to the Regulations appear in the Attachment.

The Regulations commenced upon notification in the Gazette.

ATTACHMENT

Item 1 - Commencement

Item 1 provides that the Regulations will commence on gazettal.

Item 2 - Amendment

Item 2 provides that the Airports (Environment Protection) Regulations are amended as set out in these Regulations.

item 3 - New regulation 1.03A

Item 3 inserts a new regulation 1.03A that applies Division 3 of Part 6 of the Airports Act 1996 (the Act) to the following non-core regulated airports: Archerfield in Queensland; Essendon and Moorabbin in Victoria; Jandakot in Western Australia; and Parafield in South Australia.

Division 3 of Part 6 provides for environmental standards and the control of on-airport pollution at leased airports.

Item 4 - Regulation 1.05 (Definitions)

Item 4 provides for expressions used both in the Regulations and the Airports Regulations to have the same meaning as that defined in the Airports Regulations. This corrects minor drafting omissions in the Regulations in relation to the definitions of certain terms.

Item 5 - Regulation 3.01 (Application)

Item 5 substitutes a new regulation 3.01 that applies Division 2 of Part 6 of the Act to the following non-core regulated airports: Archerfield in Queensland; Essendon and Moorabbin in Victoria; Jandakot in Western Australia; and Parafield in South Australia.

Division 2 of Part 6 requires draft environment strategies for leased airports to be prepared and approved by the Minister.

Item 5 inserts a new regulation 3.01A that replaces the omitted regulation 3.01 and applies Part 3 of the Regulations to each draft and final environment strategy for an airport prepared under Division 2 of Part 6 of the Act.

Item 6 - Regulation 8.03 (infringement notices)

Item 6 makes a minor technical amendment to subparagraph 8.03(i)(iii).

Item 7 - New regulation 10.07

Item 7 inserts a new regulation 10.07 that provides the Secretary with a power to delegate any of the powers under the Regulations to a Senior Executive Service officer of the Department.